Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I remind the Deputy of the amendments that were passed last night which have some significance in the context of the safeguards about which she has spoken.

Amendment No. 74 proposes to insert some text at the beginning of subsection (5). It does not appear to be necessary because of subsection (12) as inserted by amendment No. 80, to which we agreed last night. It already provides that any regulation made under section 59 to which the Deputy referred must respect the essence of the right to data protection and restrict the exercise of data subject rights only in so far as it is both necessary and proportionate.

Amendment No. 75 seeks to delete subsection (5) in its entirety. I have a problem with this because the particular provision is carried over from section 5(8) of the 1988 Act. It allows limited restrictions on data subject rights for social work purposes where, for example, a risk to the health or welfare of children is being assessed by a social worker. Regulations under the section will allow the necessary inquiries to be made by the social worker and access to the data collected in the case could be restricted by means of regulations but only to the extent that and for as long as the release of such information would be likely to cause serious harm to the physical health or mental health of the data subject.

Amendment No. 77 seeks to delete section 59(7)(h). I have a difficulty with this, too. As a result of the amendments made last night, the data protection commission must be consulted on all regulations to be made under the section. Any significant concern not taken on board by the relevant Minister must be communicated directly to the justice committee and any other relevant committee of the Houses. In addition, the draft regulations, because of the positive resolution or positive affirmation that is necessary, must be submitted to both Houses for positive resolutions. The safeguards will provide an opportunity in both Houses to discuss the merits of any such proposal at that time and in such a format as might be proposed within the regulations. Because of this, I have a difficulty with accepting the amendments.

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